ORDINANCE NO. 990730

Giving permission to the North Kansas City School District to install and maintain underground telecommunications lines along and across certain public streets in Kansas City, Clay County, Missouri; and authorizing the Director of Public Works to enter into an indemnification agreement with the North Kansas City School District.

WHEREAS, the North Kansas City School District received a special $1.35 million grant through the universal service fund for schools and libraries established by the United States in the Telecommunications Act of 1996; and

WHEREAS, the District desires to use those special funds and local funds to develop state-of-the-art voice, data and video communications between all district buildings; and

WHEREAS, to develop this special telecommunications network for the use by the Districts students and employees it is necessary to occupy the rights of way of the City; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Permission to occupy rights of way. That the North Kansas City School District is given permission, as owner and permittee, to install and maintain underground telecommunications lines along and within rights of way of the City identified on the attached Exhibit 1, insofar as those rights of way are not controlled by the Board of Parks and Recreation Commissioners. Permission shall be obtained separately from the Board of Parks and Recreation Commissioners for construction in such rights of way.

Section 2. Approval of design and construction. That all material, design and method of construction shall be in accordance with the plans and specifications approved by the City Engineer and identified as Public Works File No. 1999-51. All required permits, including excavation permits and traffic control permits, will be obtained by the North Kansas City School District or its contractor.

Section 3. Authorized deviations. That the City Engineer is authorized to permit deviations from the approved route identified in Exhibit 1 when necessary during the course of this project to meet unanticipated impediments to use of the preferred route.

Section 4. As-built plans. That the City Engineer will be provided with a copy of as-built plans within 45 days of completion of that part of the project requiring occupancy of the rights of way.

Section 5. Insurance. That in order to hold the City harmless from claims for bodily injury and for property damage arising out of the construction, the permittee shall keep in force a policy of liability insurance in an amount not less than that required by Chapter 64 of the Code of Ordinances, or the following, whichever is greater: for all claims arising out of a single accident or occurrence, $100,000.00 each person and $1,000,000.00 each occurrence. In the event the insurance requirements for Chapter 64 are modified during the life of the construction, the insurance provided by the permittee shall be revised to conform with the modified standard or the specific requirements of this ordinance, whichever is greater.

Section 6. Maintenance of encroachments. That at its own expense, the North Kansas City School District will cause the encroachments provided for by this ordinance to be maintained in good repair for so long as they remain in the rights of way and will cause them to be removed when they are no longer in use. If the North Kansas City School District fails to either maintain or repair the encroachments as provided, then the city may remove them without notice. Upon removal, title to all materials which have been removed shall vest in the City so that they can be disposed of for scrap with the proceeds going to Kansas City as partial compensation for the cost of removal.

Section 7. Missouri one-call membership. That the North Kansas City School District will become a member who participates and cooperates with the statewide one-call notification center for so long as the encroachments remain in the public right of way.

Section 8. Permit and not a grant. That the permission given shall be construed as a permit and not a grant, and may be revoked, in whole or in part, by the Council at its discretion; upon revocation, the permittee or the owner of the property at the time of the revocation shall cause the removal of the construction and the restoration of the area without expense to the City.

Section 9. Indemnification agreement. That in recognition of the fact that the North Kansas City School District is not required to obtain the individual consent of each property owner along the approximately 35 mile path of this encroachment, the North Kansas City School District will enter into an agreement by which it will agree to indemnify and hold harmless the City, its officials and employees, against any costs and expenses, including without limitations legal fees, arising from an actions, lawsuits, demands, claims, losses and damages in any way related to the facilities where such actions, lawsuits, demands, claims, losses or damages arise as a result of the North Kansas City School Districts occupancy of the rights of way. The Director of Public Works is authorized to execute this agreement.

Section 10. Waiver of license fee. That in recognition of the special nature of this encroachment for the benefit of the patrons of the North Kansas City School District, a license payment will not be required.

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Approved as to form and legality:

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Assistant City Attorney